Legal Question in Criminal Law in Virginia
Judge denied statement he made in Court Transcript
After obtaining a copy of my court transcript I read the statement that stated ''...supervised probation for two (2) years or until restitution of $800 is made''. Before I was released from jail I was on work release and paid the $800.00 in full. When I met with my probation officer after being released I explained that I was not to be on probation per the ruling in the transcript stating ''or''. The probation office contacted the judge on 3 ocassions and the judge stated that he ''meant'' and not or. My problem is how can he change that later?? I have served my two years of supervised probation for nothing and will be off in December 2004. Can I sue the Judge for making me serve supervised probation which has had such a horrible impact on my life for no reason when at sentencing he said to serve 2 years probation or until the restitution is paid.?
1 Answer from Attorneys
Re: Judge denied statement he made in Court Transcript
Your sentencing judge, apparently, has already repeatedly clarified precisely what he had intended your sentence to include which is what, apparently, you have served(and paid in terms of restitution). The fact that the judge may have misspoke when he actually handed down the sentence and used the incorrect conjunction is not the controlling consideration here in this situation but whether in fact you received the sentence which he had intended to give you that was commensurate with the law and facts applicable to your case.
And, incidentally, a period of two years minimum
supervised probation and restitution of the amount
found to have been illegally taken is pretty much standard for felony offenses in the Commonwealth involving grand larceny, embezzlement, or obtaining money under false pretenses, etc.
These kinds of sentences typically include whatever jail time is imposed and suspended, if any, followed by the term of supervised probation and(rather than or)the amount of the required restitution(to be paid by a certain date).
As for bringing suit against the judge, in light of the foregoing, I would assume that you would agree that nothing further needs to be said on this issue.
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